§392.5 prohibits a driver from (1) using alcohol while on duty or operating a CMV, (2) being on duty or operating a CMV while having any measured alcohol concentration, and (3) using alcohol within 4 hours of going on duty. §392.5(c) further prohibits possession of any alcoholic beverage in the CMV unless it is part of a shipment.
Severity weight + OOS
Severity weight 10 in the Unsafe Driving BASIC — the maximum. Any detectable alcohol concentration is grounds for a 24-hour OOS order under the NAS Out-of-Service Criteria, even below the §382.201 0.04 BAC §382.215 threshold. A confirmed 0.04 BAC or refusal converts to §382.215 prohibited status with §383.51 disqualification.
Carrier exposure
§392.5(b) requires the carrier not to allow a driver to violate this section. Knowingly dispatching a driver who has consumed alcohol within the prior 4 hours is a separate violation chargeable against the carrier.
How to prevent it
- Train supervisors on reasonable-suspicion observation per §382.603 — alcohol is more often caught by observation than testing.
- A roadside §392.5 cite typically triggers a §382.307 reasonable-suspicion test; have the collection-site protocol ready before the call comes in.
- Document the §392.5(a)(3) 4-hour rule in driver handbooks — drivers underestimate the window.
How Roadworthy HQ helps
On the drug and alcohol side, Roadworthy HQ records test results by type (pre-employment, random, post-accident, reasonable suspicion, return-to-duty, follow-up), SAP referral and clearance events, and Clearinghouse queries with reminders before the annual query is due. If a conviction disqualifies the driver, setting the driver's status to Disqualified sends a critical alert. It is a status and an alert; Roadworthy HQ has no dispatch system to block. Roadworthy HQ does not time the 24-hour out-of-service period, and it does not record individual violation codes.